Dominguez v. Scottsdale, City of et al
| Andres Dominguez |
| Daniel Koller, Nikolas McElley and Scottsdale, City of |
| 2:2021cv00089 |
| January 15, 2021 |
| US District Court for the District of Arizona |
| Susan R Bolton |
| Michael T Morrissey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 63
ORDER granting #62 Motion to Dismiss. This matter is dismissed with prejudice. The parties shall each pay their respective attorneys' fees and costs. Signed by Senior Judge Susan R Bolton on 7/13/23. (DXD)
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| Filing 62 Joint MOTION to Dismiss Case with Prejudice by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Attachments: #1 Proposed Order)(Davis, Lori) |
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Filing 61
ORDER that this matter will be dismissed with prejudice 60 days from the date of this order unless a stipulation to dismiss is filed prior to the dismissal date. Signed by Senior Judge Susan R. Bolton on 6/2/2023. (ESG)
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| Filing 60 NOTICE of Settlement Pending City Council Approval by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) |
| Filing 59 MANDATE of USCA re: #50 Notice of Appeal filed by Daniel Koller, Scottsdale, City of, Nikolas McElley. AFFIRMED IN PART AND DISMISSED IN PART. Defendants shall bear the costs on appeal. (Attachments: #1 Memorandum)(BAC) |
| Filing 57 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Jesse Morgan Showalter. (Showalter, Jesse) |
| Filing 56 DESIGNATION OF RECORD ON APPEAL by Daniel Koller, Nikolas McElley, Scottsdale, City of re: 22-15454 as to #50 Notice of Appeal. (Heizer, Stephanie) *Modified add text on 8/19/2022 (DXD). |
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Filing 55
ORDER - The reference to the Magistrate Judge is withdrawn as to Defendants' Motion to Stay Proceedings Pending Appeal (Doc. #51 ) and the Motion is granted. This matter is stayed pending resolution of Defendants' interlocutory appeal, Dominguez v. Scottsdale, No. 22-15454 (9th Cir.), as set forth herein. Signed by Senior Judge Susan R Bolton on 8/10/22. (DXD)
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| Filing 54 REPLY to Response to Motion re: #51 MOTION to Stay re: #50 Notice of Appeal Motion to Stay Proceeding Pending Appeal filed by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) |
| Filing 53 RESPONSE in Opposition re: #51 MOTION to Stay re: #50 Notice of Appeal Motion to Stay Proceeding Pending Appeal filed by Andres Dominguez. (Showalter, Jesse) |
| Filing 52 USCA Case Number re: #50 Notice of Appeal. Case number 22-15454, Ninth Circuit. (BAC) |
| Filing 51 MOTION to Stay re: #50 Notice of Appeal Motion to Stay Proceeding Pending Appeal by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Attachments: #1 Proposed Order)(Davis, Lori) |
| Filing 50 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #48 Order on Motion for Summary Judgment, by Daniel Koller, Nikolas McElley, Scottsdale, City of. Filing fee received: $ 505.00, receipt number AAZDC-20492643. (Davis, Lori) |
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Filing 49
ORDER resetting the following case-management deadlines: Discovery due by 11/4/2022. Dispositive motions due by 12/2/2022. See document for further details. Signed by Magistrate Judge Michael T Morrissey on 3/28/2022. (REK)
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Filing 48
ORDER granting in part and denying in part #25 Motion for Summary Judgment. The Motion is granted as to Plaintiff's claims for assault and battery (Count One) and false arrest (Count Four) and is otherwise denied. This matter shall remain referred to the Magistrate Judge pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings. Signed by Senior Judge Susan R Bolton on 2/24/22. (DXD)
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| Filing 47 Amended REPLY to Response to Motion re: #25 MOTION for Summary Judgment filed by Daniel Koller, Nikolas McElley, Scottsdale, City of. (DXD) |
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Filing 46
ORDER granting #43 Motion for Leave to File Excess Pages. The Clerk shall file Defendants' Amended Reply (lodged Doc. #44 ). Signed by Magistrate Judge Michael T Morrissey on 8/2/21. (DXD)
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| Filing 45 RESPONSE to Motion re: #43 MOTION for Leave to File Excess Pages for Amended Reply to Motion for Summary Judgment filed by Andres Dominguez. (Showalter, Jesse) *Modified text on 7/29/2021 (DXD). |
| Filing 44 *FILED at (Doc. #47 )* LODGED Proposed Defendants Amended Reply in Support of Motion for Summary Judgment re: #43 MOTION for Leave to File Excess Pages for Amended Reply to Motion for Summary Judgment. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) *Modified text on 7/29/2021 (DXD). Modified on 8/3/2021 (DXD). |
| Filing 43 *MOTION for Leave to File Excess Pages for Amended Reply to Motion for Summary Judgment by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Attachments: #1 Text of Proposed Order) (Davis, Lori) *Modified to correct event on 7/29/2021 (DXD). |
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Filing 42
ORDER granting #39 Motion to Strike. The Clerk shall strike Defendants' Response to Plaintiff's Additional Material Facts (Doc. #38 ) from the record. Defendants are given leave to file an amended Reply in support of their Motion for Summary Judgment (Doc. #25 ). An amended Reply must be filed no later than 4 days from the issuance of this Order. Signed by Magistrate Judge Michael T Morrissey on 7/19/21. (DXD)
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| Filing 41 REPLY to Response to Motion re: #39 MOTION to Strike #38 Response filed by Andres Dominguez. (Showalter, Jesse) |
| Filing 40 RESPONSE in Opposition re: #39 MOTION to Strike #38 Response filed by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) |
| Filing 39 MOTION to Strike #38 Response by Andres Dominguez. (Attachments: #1 Text of Proposed Order)(Showalter, Jesse) |
| Filing 38 **STRICKEN per Orer (Doc. #42 )** RESPONSE re: #34 Statement of Facts Filed by Plaintiff by Defendants Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) Modified on 7/19/2021 (DXD). |
| Filing 37 REPLY to Response to Motion re: #25 MOTION for Summary Judgment filed by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) |
| Filing 36 RESPONSE to Motion re: #25 MOTION for Summary Judgment filed by Andres Dominguez. (WLP) |
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Filing 35
ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to File Excess Pages (doc. #32 ) is granted. The Clerk of Court is directed to file Plaintiff's Response (lodged at doc. #33 ) as a separate docket entry. Signed by Magistrate Judge Michael T Morrissey on 6/10/21. (WLP)
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| Filing 34 STATEMENT OF FACTS re: #20 Statement of Facts by Plaintiff Andres Dominguez. (Attachments: #1 Exhibit Exhibit 1)(Showalter, Jesse) |
| Filing 33 *FILED at #36 pursuant to #35 ORDER -- LODGED Proposed Plaintiff's Response to Scottsdale Defendants' Motion for Summary Judgment re: #32 MOTION for Leave to File Excess Pages for Response to Motion for Summary Judgment . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Andres Dominguez. (Showalter, Jesse) *Modified on 6/10/2021 (WLP). |
| Filing 32 MOTION for Leave to File Excess Pages for Response to Motion for Summary Judgment by Andres Dominguez. (Attachments: #1 Text of Proposed Order)(Showalter, Jesse) |
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Filing 31
ORDER granting #30 Motion for Extension of Time to File Response. Plaintiff may respond to Defendants' Motion for Summary Judgment (Doc. #25 ) no later than 6/9/2021. Signed by Magistrate Judge Michael T Morrissey on 5/27/21. (DXD)
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| Filing 30 *MOTION for Extension of Time to File Response/Reply re: #25 Motion for Summary Judgment by Andres Dominguez. (Attachments: #1 Text of Proposed Order)(Showalter, Jesse) *Modified to correct event on 5/27/2021 (DXD). |
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Filing 29
ORDER granting #28 Motion for Extension of Time. Plaintiff may respond to the Motion for Summary Judgment (Doc. #25 ) no later than 6/2/21. Signed by Magistrate Judge Michael T Morrissey on 4/29/21. (DXD)
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| Filing 28 MOTION for Extension of Time to File Response to Motion for Summary Judgment by Andres Dominguez. (Attachments: #1 Text of Proposed Order)(Showalter, Jesse) |
| Filing 27 NOTICE of Service of Discovery filed by Andres Dominguez. (Showalter, Jesse) |
| REMARK: 1 Disk - as outlined in the Defendants City of Scottsdale, Daniel Koller, and Nikolas McElley Separate Statement of Facts in Support of Defendants Motion for Summary Judgment (Doc. #26 ) has been received, and will be stored in the Phoenix file room. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (HLA) Modified on 4/26/2021 (HLA). |
| Filing 26 NOTICE re: Defendants Notice of Filing Non Paper Exhibits by Daniel Koller, Nikolas McElley, Scottsdale, City of re: #20 Statement of Facts . (Attachments: #1 Exhibit Index to Filing Non Paper Exhibits)(Davis, Lori) |
| Filing 25 MOTION for Summary Judgment by Daniel Koller, Nikolas McElley, Scottsdale, City of. (DXD) |
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Filing 24
ORDER granting #18 Motion for Leave to File Excess Pages. The Clerk shall file Defendants Motion for Summary Judgment (lodged Doc. #19 ) as a separate docket entry. Defendants' Motion to File Non-Paper Exhibits (Doc. #21 ) is granted. Defendants' Motion to Stay Discovery (Doc. #22 ) is granted. The Court stays the deadlines in its Order (Doc. #14 ). Signed by Magistrate Judge Michael T Morrissey on 4/13/21. (DXD)
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| Filing 23 Additional Attachments to Main Document re: #18 MOTION for Leave to File Excess Pages for Motion for Summary Judgment Proposed Order Granting Page Extension for Defendants MSJ by Defendants Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) |
| Filing 22 MOTION to Stay Discovery by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Attachments: #1 Text of Proposed Order)(Davis, Lori) |
| Filing 21 MOTION to File Non-Paper Exhibits re: #20 Statement of Facts by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Attachments: #1 Text of Proposed Order)(Davis, Lori) |
| Filing 20 STATEMENT OF FACTS re: #25 Motion for Summary Judgment by Defendants Daniel Koller, Nikolas McElley, Scottsdale, City of. (Attachments: #1 Index and Exhibits)(Davis, Lori) *Modified linkage on 4/14/2021 (DXD). |
| Filing 19 **FILED at Doc. #25 ** LODGED Proposed Motion for Summary Judgment re: #18 MOTION for Leave to File Excess Pages for Motion for Summary Judgment. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) Modified on 4/14/2021 (DXD). |
| Filing 18 MOTION for Leave to File Excess Pages for Motion for Summary Judgment by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) |
| Filing 17 NOTICE of Service of Discovery filed by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) |
| Filing 16 NOTICE of Service of Discovery filed by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Davis, Lori) |
| Filing 15 NOTICE of Service of Discovery filed by Daniel Koller, Nikolas McElley, Scottsdale, City of. (Heizer, Stephanie) |
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Filing 14
SCHEDULING ORDER: Discovery due by 11/12/2021. Dispositive motions due by 2/4/2022. The Court VACATES the Case Management Conference scheduled for 3/30/21. Signed by Magistrate Judge Michael T Morrissey on 3/23/21. (DXD)
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| Filing 13 REPORT of Rule 26(f) Planning Meeting by Andres Dominguez. (Attachments: #1 Text of Proposed Order)(Showalter, Jesse) |
| Filing 12 NOTICE of Service of Discovery filed by Andres Dominguez. (Showalter, Jesse) |
| Filing 11 NOTICE of Service of Discovery filed by Andres Dominguez. (Showalter, Jesse) |
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Filing 10
ORDER: Case Management Conference set for 3/30/2021 at 11:30 AM in Courtroom 302, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michael T Morrissey. See document for further details. Signed by Magistrate Judge Michael T Morrissey on 2/23/2021. (REK)
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| Filing 9 Defendants' ANSWER to #1 Complaint by Daniel Koller, Nikolas McElley, Scottsdale, City of.(Davis, Lori) |
| Filing 8 SERVICE EXECUTED filed by Andres Dominguez: Certificate of Service re: Summons, Complaint, Notice of Assignment, Order re Service on Defendants upon Nikolas McElley on February 3, 2021. (Showalter, Jesse) |
| Filing 7 SERVICE EXECUTED filed by Andres Dominguez: Certificate of Service re: Summons, Complaint, Notice of Assignment, Order re Service on Defendants upon Daniel Koller on February 3, 2021. (Showalter, Jesse) |
| Filing 6 SERVICE EXECUTED filed by Andres Dominguez: Certificate of Service re: Summons, Complaint, Notice of Assignment, Order re Service on Defendants upon City of Scottsdale on February 1, 2021. (Showalter, Jesse) |
| Filing 5 Summons Issued as to Daniel Koller, Nikolas McElley, Scottsdale, City of. (Attachments: #1 Summons, #2 Summons)(LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (3 total) |
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Filing 4
ORDER - If properly completed, the Clerk of Court must issue summonses filed by Plaintiff (Doc. #2 ). If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and Complaint on a Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. Any answer or response must state the specific Defendant by name on whose behalf it is filed. The Court may strike any answer, response, or other motion or paper that does not identify the specific Defendant by name on whose behalf it is filed. This matter is referred to Magistrate Judge Michael T. Morrissey pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. 636(b)(1). This matter is assigned to the standard track pursuant to Rule 16.2(b)(3) of the Local Rules of Civil Procedure. (See document for further details). Signed by Senior Judge Susan R Bolton on 1/21/2021. (LAD)
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| Filing 3 NOTICE OF ASSIGNMENT (ARC) |
| Filing 2 SUMMONS Submitted by Andres Dominguez. (Showalter, Jesse) (Attachments: #1 Summons, #2 Summons)(ARC) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19067582 filed by Andres Dominguez. (Showalter, Jesse) (Attachments: #1 Civil Cover Sheet)(ARC) |
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